62 research outputs found

    The role of the accused in English and Islamic criminal justice

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    This thesis is a comparative study of the role of the accused in the systems of English and Islamic criminal justice. It seeks to explore the underlying relationship between the individual and the state through an historical, structural and contextual analysis of their rules relating to questioning and of confessions. The analysis of the English system covers the period 1800 to 1984, with particular reference to developments during the nineteenth century when the foundations for the modern English state were established. The analysis of the Islamic system combines traditionally Islamic and modern methods, assessing the "Islamisation" movement in Malaysia through a religico-structural understanding of juristic opinion from the four main schools of Sunnite jurisprudence. The thesis contributes to existing knowledge on a number of levels: first, it questions and revises the "myth" of "progress" that has dominated observations of the history of the English criminal justice system; second, it elucidates the relationship between Islamic law in theory and the law that is applied and proposed in its name in Muslim states; third, it provides an analytical framework for drawing comparisons between the underlying values of the systems of English and Islamic criminal justice. While acknowledging fundamental differences in terms of outlook and articulation, the author concludes there are important similarities expressed through such notions as "suspect" in the English system and "kafir"I"fasiq" in the Islamic. These act as intermediate constitutional categories to whom the state owe less protection. But the author notes also that these similarities are not observed necessarily in the "law" which is implemented or proposed in Muslim states; exact correspondence depends upon the over-arching political structure and the institution of Caliphate. The thesis is divided into six chapters: chapter one sets out the conventional view of the historical development of English criminal procedure and evidence; chapter two subjects that to a critique and chapter three offers a revised thesis. Chapter four, explores methods for interpreting and explaining Islam; chapter five sets out rules relating to confessions and questioning according to the four Sunni schools; chapter six puts them into "context" through an examination of the "Islamisation" process in Malaysia

    Konsep pendidikan kepribadian dalam perspektif Hasan Al-Banna terhadap pembinaan spiritual remaja

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    INDONESIA: Skripsi ini merupakan kajian historis atas konsep pendidikan kepribadian menurut Hasan al-Banna, permasalahan yang ingin dijawab adalah konsep apa saja yang dituju dalam pendidikan kepribadian dan bagaimana implikasi konsep pendidikan kepribadian dalam perspektif Hasan al-Banna terhadap pembinaan diri remaja. Di sini penulis mengkaji beberapa buku yang ditulis langsung oleh Hasan al-Banna maupun oleh orang yang mengupas pemikiran-pemikiran Hasan al-Banna, dengan cara menuliskan, mengedit, mengklasifikasi, mereduksi dan menyajikan data serta menganalisisnya secara kritis. Hasan al-Banna, seorang tokoh pembaharu muslim modern yang memiliki latar belakang pendidikan tradisional Islam dan pemikiran Barat modern. Pada usia muda ia adalah nasionalis yang anti kolonialisme. Setelah dewasa berpaling pada revivalisme religius yang ingin memperbaiki komunitas kaum muslim. Dan cara yang efektif menurutnya adalah dengan dakwah dan tarbiyah. Sistem pendidikan yang dibangun al-banna bertitik tolak atas pendekatan melihat hakikat manusia sebagai pribadi yang holistik, yang meliputi aspek fikriyah, ruhaniyah dan jasmaniyah. Sebagai konsekuensi logisnya, maka pada tataran aplikasinya pendidikan diarahkan kepada pembentukan aspek-aspek tersebut secara seimbang dan integral. Pendidikan kepribadian Hasan al-Banna yang mencakup aspek aqidah, intelektual, moral, sosial serta fisik semuanya dalam prosesnya harus berdasarkan pada Islam yang benar, yaitu dikembalikan hanya pada al-Qur’an dan sunnah Rasul. Ia harus independen, tidak tercampur oleh pemikiran-pemikiran yang bersimpangan dengan Islam. Hasan al-Banna menjadikan remaja /pemuda sebagai sasaran utama tarbiyahnya. Melihat profil perilaku dan pribadi remaja yang menggambarkan adanya kegoncangan /belum mantapnya aspek-aspek dalam diri remaja seperti pada fisik, perilaku sosial, moralitas, religius, serta kognitif remaja yang itu bila tidak diarahkan benar-benar akan berakibat terbentuknya pribadi-pribadi yang kurang baik. Dengan aspek-aspek pendidikan kepribadian yang dicanangkan oleh Hasan al-Banna, permasalahan-permasalahan yang muncul pada diri remaja sedikit banyak akan dapat teratasi. ENGLISH: This thesis is a historical study of the concept of personality education according to Hasan al-Banna, the problem to be answered is the concept of what is addressed in the education of personality and how the implications of the concept of personality education in the perspective of Hasan al-Banna to teenagers self-counseling. Here the author examines several books written directly by Hasan al-Banna as well as by the person who discusses the thoughts of Hasan al-Banna, by way of writing, editing, classifying, reducing and presenting data and analyzing them critically. Hasan al-Banna, a modern Muslim reformer who has a background of traditional Islamic education and modern Western thought. At a young age he was an anti-colonialist nationalist. As adults turn to religious revivalism that wants to improve the Muslim community. And effective way according to him is with da'wah and tarbiyah. The educational system built by al-banna is based on the approach of seeing the nature of human as a holistic person, which includes aspects of fikriyah, ruhaniyah and jasmaniyah. As a logical consequence, then at the level of its application education is directed to the formation of these aspects in a balanced and integral. Hasan al-Banna's personality education which includes aspects of aqidah, intellectual, moral, social and physical all in the process must be based on true Islam, that is returned only to the Qur'an and the sunnah of the Prophet. It must be independent, not mixed with thoughts that are in conflict with Islam. Hasan al-Banna makes teenagers / youth as the main target of his tarbiyah. Looking at the profile of personal behavior and adolescents that describe the unsteady / unsettling aspects of the adolescent as in the physical, social, moral, religious, and cognitive behavior of adolescents that if not directed will actually result in the formation of unfavorable individuals . With aspects of personality education proclaimed byHasan al-Banna, the problems that arise in teenagers a little more will be resolved

    Modern Arabic literary biography : a study of character portrayal in the works of Egyptian biographers of the first half of the twentieth century, with special reference to literary biography

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    In Chapter one, I presented a comparative definition of the meaning of Sirah (PI.Siyar), Tarjamah (Pl. Tarajim), Manaqib, Tabaqat and Maghazi as they were understood in antiquity. I also showed how the meaning of Sirah in modern times has only narrowly developed. Although the method of biographical writing continuously developed in Europe, it hardly progressed in Modem Arabic Literature. The only exception was seen in the writings by the pioneers of enlightenment in Egypt at the beginning of the twentieth century. This change of direction relied on borrowing European methodology in biographical writing. In chapter two, I reviewed the early attempts at writing biographies in the nineteenth century by Abd al Rahman al- Jabarti and Ali Mubarak. Although both were the first pioneers in this respect, yet they followed the footpath of classical approach above all that of al-Maqarizi from whom -Ali Mubarak derived inspiration in his book Al-Khitat al-Tawfiqiyyah. In chapter three, I studied the twentieth century, starting with traditional biography writers who could not employ European methodologies and whose writings oscillated between biographical notes and biographical sketches; or whose texts were more of a literary study than a biography proper. In chapters four to nine, I selected the most renowned, productive writers who best represented methodologies of biography writing. Perhaps certain writers have not been mentioned in this period of study. This is not out of negligence but simply because their texts were totally out of reach, or their writings did not exhibit the required literary criteria. All methodologies representing the theory of biography writing in Egypt have been analysed in these chapters. All, in fact, form a digestion or assimilation of French,English and German schools. In Egypt, Taha Husayn is considered the chairman of the French school, al-Mazini and al-Aqqad of the English/German schools, al-Nuwaihi of the psychoanalytical/anatomical school and Sidqi who employed both. By contrast, al Iryan was the trailblazer of the distinguished biographical novel. In these chapters, I tried to lay out the general outlines these writers have produced in the production of biographical texts, and how these attempts were a successful step on the road of presenting literary biographies characterized by high world standards. Chapter ten may well seem traditional, but it is important to give a comparative outlook on the views of biography writers themselves when they study and analyse the same character. Among the characters studied ,I selected Bashsliar, Abu Nuwas, Ibn al-Run-i, al-Mutanabbi and al-Maarri. These are outstanding landmarks in the history of Arab verse and the subject of a multitude of studies as well. Modern biographers took these figures as a test field for the deployment and employment of biographical methodologies. I selected these examples to provide comparisons and explain how far these biographies were successful in producing a biography or a profile of those classical poets. The conclusion and the bibliographical list arrived at the end of research. I wish, however, to clarify one important point here. It seems that I could not fix the year 1950 as the temporal parameter of my research but took some textswhich were published shortly beyond that point. The reason for this obvious extension was either to give additional useful details or simply because chapters of such texts had already been published prior to that year and were known to the readership. At times I would satisfy myself with analysing the part rather than the whole. This again was meant to eschew repetition or was due to the fact that the book in question was not available

    Astrology in literature: how the prohibited became permissible in the Arabic poetry of the mediaeval period

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    This thesis is concerned to position the art of astrology within the context of classical Arabic poetry, primarily by investigating and elucidating attitudes to the notion of qadar (fate) and the ideology in which it was embedded. These attitudes were revelatory of the broader world view of the Arabs of those periods, and their shifts from those held in the pre-Islamic and early Islamic eras tell us a good deal about the importance given to the nature and role of fate and about the various understandings of its influence. The pre-Islamic Arab's notion of qadar was in some ways similar to that of the early Muslims: both emphasised predetermination and the irresistible power of fate. But while the jahilf (Pre-Islamic) Arabs identified fate with the malign power of dahr (Time), the Muslims believed the power of fate lies in the hands of God the Omnipotent, who alone is responsible for the fate of the whole universe. Thus the astrology of the pre-Islamic era was one aspect of divination (kihana) and claimed to be able to reveal in advance an individual's destiny, which could be avoided by taking certain precautions. These precautions, however, were considered effective only in relatively trivial cases; they were useless in the areas of major impact: a person's happiness or misery (shaqiiwa aw sa ada), sustenance (rizq) and one's term (ajal), the three inevitable and irresistible manifestations of fate. In the Islamic period not only these major aspects of life are governed and controlled by the Omnipotent; the destiny of the universe, in even its most minute details, is determined and controlled by God alone. Astrology was considered to be of no value whatsoever, and its practitioners were subject to the death penalty. These two irreconcilable views are evident in early Islamic poetry, which reflected clearly the response of poets, and society, to astrology from the perspective of qadar. When the orthodox caliphate was replaced by dynastic rule the status of astrology was changed dramatically. The idea that the stars, as indicators, play a role in the life of human beings found popowerful supporters in some governors of the Islamic world, who allowed astrology to fulfil a public function regardless of the hostility of the official religion of that society. This social phenomenon generated rich material of a controversial character in the realm of literature. Investigating the factors, motivations and impact of mediaeval political, theological and philosophical attitudes to astrology, in relation to the notions of free will and predestination, is the concern of this study

    Abul A‘la Mawdudi’s concept of Hakimiyya and its critical assessment in Islamic legal-political thought

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    The article analyzes the legal-political aspects of the concept of hakimiyya (“divine domination”) devised by the Indo-Pakistani theologian Abul A‘la Mawdudi (1903–1979). The author asserts that the doctrine of hakimiyya is based upon the recognition that Allah is the sole subject empowered to provide legislation to the Muslim community directly (the principle of “legal domination”) and indirectly (the principle of “political domination”).The doctrine of hakimiyya acquires its political shape as the Islamic state (caliphate), wherein the Islamic community is entrusted with a limited right to legislation by means of agency (wikala). Special emphasis is laid on examination into the critical appraisal of the hakimiyya doctrinals in the modern Islamic legal science. The article explores the objections raised against the hakimiyya theory by the Indo-Pakistani religious scholars, including Abul Hasan Nadwi and Wahid al-Din Khan, as well as by a number of modern Arabic legal theorists, such as Hasan al- Hudaybi, Muhammad ‘Imara, Muhammad Sayyid al-‘Ashmawi, Haydar Ibrahim ‘Ali a.o. The author concludes that the concept of hakimiyya underlies Mawdudi’s doctrine of the sources of law and serves as the basis for his theory of the Islamic state, as well as for his concept of the “renewal of faith” through Islamic revolution

    Al-Mansur bi-Llah's controversy with Twelver Diites concerning the occultation of the Imam in his Kitab al-al-'Iqd al-tamin

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    This article tackles one of the main points of dissension between the Zaydiyya and the Imamiyya, notably, the repudiation of the former to the chiliastic concept of the occultation of the Imam (gayba). It will address the exchange of polemics between both groups, which goes back to the 3rd-9th century. Its main focus, however, is the refutation conjured by the Yemeni Imam al-Mansur bi-Llah 'Abd Allah b. Hamza (d. 614-1217). © 2012 Koninklijke Brill NV, Leiden.Abdulsater Hussein Ali, 2011, Z DTSCH MORGENLANDIS, V161, P305; al-'Amili Muhammad b. al-Hasan al-Hurr, 1385, AMAL AL AMIL, VII, P345; al-As'ari Abu l-Hasan 'Ali b. Isma'il, 1963, MAQALAT AL ISLAMIYYI, p[67, 82]; al-Hadi al-Sayyid Gamal al-Din, 2007, HIDAYAT AL RAGIBIN I, P161; al-Hasani Abu l-'Abbas Ahmad b. Ibrahim, KITAB AL MASABIH, V1111, P73; al-Mahdi Galal al-Din 'Abd al-Rahman al-Suyuti, 2001, AL URF AL WARDI FI A; al-Mas'udi Ali b. al-Husayn, 1973, MURUG AL DAHAB WA MA, VIV, P350; al-Muhalli Hamid b. Ahmad, 2002, AL HADD IQ AL WARDIY, VII, P247; al-Murtada al-Sarif, 1986, AL SAFI FI L IMAMA, VIII, P123; al-Murtada Al-Sarif, 1985, RASIL, VI, P410; al-Nu'mani Muhammad b. Ibrahim b. Abi Zaynab, 1426, KITAB AL GAYBA, P143; al-Rassi al-Qasim b. Ibrahim, 2001, MAGMU KUTUB AL IMAM, VI, P578; al-Sahrastani Muhammad b. 'Abd al-Karim, 1981, AL MILAL WA L NIHAL, P6; al-Sami Ahmad b. Muhammad, 1987, TARIH AL YAMAN AL FI, VIII, P37; al-Sarfi Ahmad b. Muhammad, 1991, SARH AL ASAS AL KABI, VII, P276; al-Wagih Abd al-Salam b. 'Abbas, 1999, ALAM AL MU ALLIFIN A, P578; Amir-Moezzi Mohammed Ali, 1994, DIVINE GUIDE EARLY S, p[13, 20]; [Anonymous], 1987, ARABICA, V34, P80; Ansari Hasan, 2001, ULUM I HADIT, V5, P149; Ansari Hassan, 2010, J ASIATIQUE, V298, P280; Ansari Hassan, 2010, STUDIA IRANICA, V39, P225; Arjomand SA, 1996, J RELIG, V76, P548, DOI 10.1086-489853; bi-l-Haqq al-Natiq, 1971, RASA IL AL ADL WA L, VI, P71; bi-l-Haqq al-Natiq, 1986, KITAB DIAMA, P165; bi-Llah al-Mansur, 2008, MAGMU MUKATABAT AL I, p[238, 309]; Calder Norman, 1989, STUD ISLAMICA, V70, P57; Cook Michael, 2000, COMMANDING RIGHT FOR, P227; Di'tam Abu Firas b., 1993, AL SIRA L MANSURIYYA, V3; Di'tam Abu Firas b., 1993, AL SIRA L MANSURIYYA, V2; Eagle A.B.D.R., 1994, NEW ARABIAN STUDIES, V2, P103; Fanad Muhammad b. 'Ali b., 1999, MAATIR AL ABRAR FI T, VII, P799; Gouchenour David Th., 1984, THESIS HARVARD U CAM, P70; Hamza Al-Mansur bi-Llah 'Abd Allah b., 2001, AL IQD AL TAMIN FI A, p[113, 131]; Hourani George F., 1971, ISLAMIC RATIONALISM, P129; Hussain M., 1982, OCCULATION 12 IMAM H, P78; Khalidi Tarif, 2008, QURAN NEW TRANSLATIO, P273; l-Akwa' Isma'il b. 'Ali, 1995, HIGAR AL ILM WA MA A, VIII, p[1, 1284]; l-Akwa' Isma'il b. 'Ali, 1996, HIGRA FORTERESSES SA, P1; l-'Umari Ali b. Muhammad al-'Alawi, 2001, AL MUGDI FI ANSAB AL, P267; l-Razi Abu Ga'far b. Qiba, 1993, CRISIS CONSOLIDATION, p[218, 225]; l-Rigal Ahmad b. Salih b. Abi, 2004, MATLA AL BUDUR WA MA, VIII, P230; Madelung W., 1991, ARABICUS FELIX LUMIN, P25; Madelung Wilferd, 1987, ARABIC TEXTS HIST ZA, P19; Madelung Wilferd, 1965, IMAM AL QASIM IBRAHI, P98; Madelung Wilferd, 1985, P 6 C AR ISL STUD, P75; McDermott Martin J., 1978, THEOLOGY AL SHAIKH A, P280; Peters J.R.T.M., 1976, GODS CREATED SPEECH, P26; Sachedina Abdulaziz Abdulhussein, 1981, ISLAMIC MESSIANISM I; Sachedina Abdulaziz Abdulhussein, 1988, JUST RULER SHIITE IS, P91; Smith G.R., 1978, AYYUBIDS EARLY RASUL, VII, P80; Zayd Ali Muhammad, 1997, TAYYARAT MUTAZILAT A, P1560

    AL-SHIDQ DALAM KOMUNIKASI PERSPEKTIF AL-QUR`AN

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    Morals is a noble deeds of a servant, and a reflection of the confidence and the knowledge that he has, so akhlak that characterizes a person's behavior in personal life, social state and nation. Al-Qur'an as guidance in-spoken, polite and guidance for all activities for those who do right. In this discussion the author discusses the kinds of al-shidq on morals, right in speaking and understanding words correctly, according to what it said was the actual reality. His opponent was kidhb lieAlusiy, syihabuddin mhd ibn Abdullah al-Husainiy, 2000, Ruhu al-Ma’aniy fi tafsir al-Qur’an al-‘Azhim wa sab’u al-Matsaniy, Muassasah ar-Risalah, Al-Biqai, Burhanudddin Abi al-Hasan Ibrahim bin Umar, Nizam ad-Durar  fi Tanasub al-Ayah wa as-Suwar, juz.7 Al-Bukhary, Muhammad bin Ismail bin Ibrahim bin al-Mughirah,al-Jami as-Sahih al-Musnad min hadis Rasulullah saw wasunnatih wa ayatih SahihBukhari, juz. 1Al-Husaini, Mohammed Rashid bin Ali Ridha bin Mohammed Shams al-Din bin Muhammad Bahauddin maula Ali bin Khalifa Kulmuny, 1990, Tafsir al-Qur’an al-Hakim (Tafsir al-Manar), Kairo, Al-Haiah al-Mishriyah al-Ammah lil kitabAl-Maraghi, Ahmad bin Mustafa, 1970, Tafsir al-Maraghi, Mesir, Darul Fikri, Al-Qurthubi, Abu Abdullah bin Muhammad  bi Ahmad bin Abi Bakr  bin Farah al-Anshari  al-Khuzraji Syamsuddi, 1994, Al-Jami’ al-Ahkam al-Qur’an ,Tafsir Al-Qurthubi, Kairo; Dar al-Kutb al-Nishriyah, Al-Qusyairiy, Abd al-Karim bin Hawzan bin Abd al-Malik, 1999, Lithaif al-Isyarah, Tafsir al-Qusyairy, Mesir:Al-Haiah al-Misriyah al-Amah lilkitab, Al-Sa’di, Abdurrahman bin Nasir bin Abdullah, 2000, Taisir al-Karim ar-Rahman fi tafsir kalam al-Mannan,  Muassasah ar-RisalahShihab, M Quraish, 2005, Tafsir al-Misbah Pesan Kesan dan keserasian al-Quran, Tanggaerang: Lentera Hati, cet IIIAl-Wahidi, Abu al-Hasan bin Ahmad, 1994, Al-Washit fi Tafsir al-Quran, Dar al-Kutut al-Ilmiyah, Beirut.Qutb, Sayyid, 1971, Fi Zilal al-Qur’an, Beirut, Dar el-FikrAl-Zuhaili, Wahba bin al-Mustafa, 1991, Tafsir Al-Munir fi ‘Aqidah wa  as-Syari’ah wa al-Manhaj Beirut, Dar Elfikri

    Overview of Indonesian Islamic Education: A Social, Historical and Political Perspective

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    The aim of this study is to examine how the historical genealogy of Islamic educational tradition, particularly the tradition of teaching and learning, has contributed to the development of Islamic education in Indonesia. By drawing together in an analytic way a historically based description of the social and political circumstances surrounding Indonesian Islamic education, the study discusses some significant issues concerning the religious base, knowledge base, structural form, and the pedagogical approach of Indonesian Islamic education, all of which are important to the development of a modern form of Islamic education. The argument of the thesis is that the existing values of the Islamic tradition in education, particularly evident in Madrasah schools, provide a valuable basis for further developing and reconstructing an effective Islamic education system in Indonesia. However, there is also a strong need to construct an Islamic education curriculum in Indonesia that can meet the challenge posed by the circumstances generally understood as 'modernity'. The quality of teaching and learning in the Madrasah are very much influenced by the quality of the wider Islamic education programme. Any change in the curriculum of Islamic education will thus have significant effects on the quality of the Madrasah schools in Indonesia. This thesis will thus conclude by suggesting some implications for further development of Islamic education that arise from the study. This is a qualitative study using an historical genealogical approach to discover, understand and analyze the challenges currently facing Islamic education In Indonesia. The techniques for collecting data involved, primarily, a critical reading of historical and contemporary policy documents. Primary and secondary sources were also collected, studied and subjected to a critical reading in the production of this account of Indonesian Islamic education
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